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ILR - LEGAL REPRESENTATION OR NO LEGAL REPRESENTATION?

Posted: Thu Feb 22, 2024 1:03 pm
by martinsc
Okay, here goes. I have been living in the UK since 2011. After several years seeking asylum, I applied for Refugee Leave to Remain status. In 2019, my application was successful and I received my BRP. This had an expiration date of five years. My solicitor’s advice was to contact her in five years’ time and she would make an application for ILR.

Well, five years have now almost passed - in six months my BRP will be expiring. So, at the end of last year, I contacted my solicitor again to remind her of this. Also so as to make preparations for my ILR application. Initial contact no response. I waited several weeks and contacted her again. Second contact no response. At this point I started having serious reservations if my solicitor had my best interests at heart. It has now been almost three months and still I have not heard from my solicitor. But I do not have the luxury of time - in 6 months my BRP will be expiring. I’m getting anxious if my solicitor hasn’t responded what will come of me if my BRP expires and I haven’t put in my application for ILR.

My question therefore is two-fold:

• Is it possible, more importantly, is it advisable, to make an application for ILR without legal representation? Or may it put at risk my application?
• If I did decide to go down the route of no legal representation when making an application for ILR, can I be confident that the Home Office will have all my documentation from the first time when my solicitor applied five years ago, and so will have knowledge of my case? Or do I run the risk of the Home Office having no prior knowledge of my case, and so I’ll be in effect starting from scratch?

Thanks.

Re: ILR - LEGAL REPRESENTATION OR NO LEGAL REPRESENTATION?

Posted: Thu Feb 22, 2024 2:01 pm
by CR001
Majority of people don't use lawyers. Iy isnt a difficult application to makr. A lawyer has no influence on any application or with ukvi.

When you apply, you are required to submit the documents asked for in rhe form.

Re: ILR - LEGAL REPRESENTATION OR NO LEGAL REPRESENTATION?

Posted: Thu Feb 22, 2024 11:01 pm
by martinsc
Thanks for replying.

Yes, I understand that people may not always use legal representation during the visa application process. However, mine is an exceptional case: I am seeking refuge in the UK; I am not merely applying for UK residency. Initially, I required the help of a solicitor to lay out my case for why I should be granted RLR status. Now that process is complete. The next step, once my 5-year RLR period is complete, is for me to apply for ILR. I have no reason to think my application won’t be successful.

Do you still hold to the view that I don’t require the help of a solicitor, as it will have no influence on my application, and that I can apply for ILR myself? Seeing my documents were already submitted to the Home Office during my initial application for RLR, do I have any further need of a solicitor?

Re: ILR - LEGAL REPRESENTATION OR NO LEGAL REPRESENTATION?

Posted: Fri Feb 23, 2024 12:29 am
by zimba
If you are granted refugee status, then there is no need to make any case anymore. You should not need any representation for ILR

Re: ILR - LEGAL REPRESENTATION OR NO LEGAL REPRESENTATION?

Posted: Fri Feb 23, 2024 12:32 am
by Frontier Mole
It is really not necessary to use a lawyer to get ILR. The distinction between getting refugee status and applying for ILR is vast. Refugee applications are difficult and often protracted and problematic. The difficult part has been achieved.
ILR applications are straightforward compared to asylum claims. You either meet the requirements or you don’t. Supply the documentation and complete the form and that is it. You are not outlining the past or presenting a case, it is in essence a process where you are stating a number of facts and supporting evidence. Not quite a tick box exercise but not far from it.

ILR APPLICATION & SAFE RETURN REVIEW

Posted: Thu Mar 14, 2024 3:35 pm
by martinsc
Greetings all,

I am person with Refugee Leave to Remain status. My 5-year probationary period is due to expire in September of this year. I then intend to apply for ILR. I have a question/s regarding the safe return review which I understand, as from 9 March 2017, anyone who is applying for ILR will be subject to.

* Can anyone tell me of the process involved concerning the safe return review? Am I actually required to attend the review in person? Will I be asked questions about my current situation at the safe return review as it relates to my original RLR application (for instance, has my situation changed, is it safe for me to return to my country of origin)? What bearing does the safe return review have on the outcome of one’s ILR application?

* I’ve been advised previously on this forum that the process involved when applying for ILR is no way as hard as when I initially applied for RLR. Since HO already has my information from the first application, this will not need to be resubmitted. I’ve therefore been advised that I should consider making a solo application for ILR. I have since learned that I will be subject to the safe return review. Is it still advisable for me to make a solo application for ILR? Or, because of the complexities involved with the safe return review, must I seriously consider using the services of a lawyer?

If anyone might answer all or any of the questions it would be greatly appreciated.

Re: ILR APPLICATION & SAFE RETURN REVIEW

Posted: Thu Mar 14, 2024 6:11 pm
by zimba
Case worker for your ILR application will conduct this. You do not need to do anything unless they ask you. You apply for ILR as normally and wait to hear back.

Read more on 'Safe return review' in the official guide: https://assets.publishing.service.gov.u ... ection.pdf

Re: ILR APPLICATION & SAFE RETURN REVIEW

Posted: Thu Mar 14, 2024 6:25 pm
by martinsc
Thanks for the reply.

Does that mean, in your view, it is safe for me to apply solo for ILR without using legal representation?

Apparently, I've been advised that having legal representation makes little to no difference during the ILR application process.

Re: ILR APPLICATION & SAFE RETURN REVIEW

Posted: Thu Mar 14, 2024 6:33 pm
by zimba
martinsc wrote:
Thu Mar 14, 2024 6:25 pm
Thanks for the reply.

Does that mean, in your view, it is safe for me to apply solo for ILR without using legal representation?

Apparently, I've been advised that having legal representation makes little to no difference during the ILR application process.
Legal representation has no effect, you can apply for ILR in your own right. There is no need for any representation as advised before

ILR SET (Protection) route application required documents

Posted: Thu Apr 04, 2024 12:21 pm
by martinsc
Greetings all

I am making preparations for my SET (Protection) route application in the next few months. I would appreciate some advice on which documents are required when submitting my application.

I understand some of the required documents in the checklist to include:

- Proof of employment (i.e. payslips)
- Proof of address (i.e. tenancy agreement)
- Proof of passport (mine got confiscated by HO and hasn’t been returned)
- Proof of residence permit
- Proof of any dependants (not applicable in my case)

Are there possibly any other documents that I haven’t cared to mention in the checklist and that are required? I’ve read in some cases of people being asked to submit a p60 form. This is a problem as I don’t have mine. Also, is there any need for a covering letter from my solicitor.

Thanks.